Planning a Holiday with a Child: The Legal Considerations for Parents

Planning a family holiday is one of the year’s highlights, but if you’re planning to travel abroad with a child, especially if it’s without the other parent, there are vital legal steps you must take.

Here at Dale & Newbery we think it vital to advise parents on their legal rights and responsibilities when taking a child abroad from the UK.

What Is Parental Responsibility exactly?

Parental responsibility is the legal term that refers to the rights, duties, and responsibilities a parent has for a child.

• For instance, mothers automatically have parental responsibility.

• However, fathers have it if they are named on the birth certificate (after a certain date), were married to the mother at the time of birth or have a court order.

Even if you are in a position of parental responsibility, you must still get consent from all other adults who share it before taking a child out of the UK.

Am I allowed to Take My Child Abroad Without the Other Parent’s Permission?

You may only take a child abroad without the other parent’s permission if you have a Child Arrangements Order stating the child lives with you. In this case, you can travel for up to four weeks, in other words 28 days without consent, unless the court order states otherwise.

If no such order exists, you must get written permission from everyone with parental responsibility or you need to apply to the family court for approval.

Why You Need Consent to Take a Child Abroad

It is possible that failing to obtain the correct consent could be considered child abduction under the law here. To avoid legal issues at the border, we strongly recommend having a written permission letter from the other parent that includes:

• Their full contact details if they need to be contacted

• Your travel dates and intend destination or destinations

• Information about who is travelling with the child

UK or foreign border authorities may ask to see this letter when you travel so it is wise to have it.

What If the Other Parent Refuses Consent?

If the other parent with parental responsibility does not agree to the trip abroad, you will then need to apply for a Specific Issue Order from the family court. This document will entitle you to take your child abroad without the other parent’s agreement.

How to Apply for a Specific Issue Order:

1. Complete a C100 Form – this form is required to apply for a court order under the Children Act 1989.

2. Submit Your Application – file the form at your local family court. You may be eligible for a reduced or waived court fee depending on your financial circumstances.

3. Attend the Court Hearing – both parents will need to attend. The court will then decide the outcome based on what’s in the best interests of the child.

4. Travel with the Court Order – If granted, take a copy of the order with you when travelling.

5. Seek trusted Legal Advice to ensure everything is in order – contact our experienced family law solicitors here at Dale & Newbery in Staines for professional guidance.

Family Law Advice in Staines You Can Trust

At Dale & Newbery, our Staines-based family law team has extremely extensive experience helping separated or divorced parents manage holiday arrangements, parental responsibility, and court applications involving children.

Whether you're unsure about your rights or need urgent advice about taking a child abroad, our family law solicitors are here to help.

For clear, confidential advice about taking your child on holiday or any other family law issue, contact us today. We are happy to help.